Page No.# 1/3 GAHC010131162026 2026:GAU-AS:10438 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1420/2026 AMIN HAMJA ALIAS AMIR HAMJA S/O HAJARAT ALI HAJRAT ALI R/O VILL UDMARI PO SINGARI MADRASSA PS JURIA DIST NAGAON ASSAM PIN 782124 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. SK S N MOHAMMAD, FARNAZ N A HUSSAIN,MR ARJU IKBAL Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 29.07.2026 Heard Mr. Sk. S.N. Mohammad, learned counsel for the applicant and also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3 2. Apprehending arrest in connection with Harangajao P.S. Case No.07/2026 under Section 21(c)/29(1) of the NDPS Act, this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the applicant, namely, Amin Hamja @ Amir Hamja, for grant of the privilege of pre-arrest bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Bitu Baishya, Deputy Superintendent of Police, DSB, Dima Hasao, on 08.03.2026. The essence of allegation, in the aforesaid FIR, is that on that day, at about 9:55 a.m., acting on a tip off, the informant had apprehended one Mehbub Alom Mazumder, with one black coloured Scorpio N vehicle, bearing Registration No.AS-01GQ- 3707 and huge quantity of suspended brown sugar, in 149 shop cases, concealed inside the vehicle, weighing 1722.47 gms. 4. The learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and his name also find no mention in the FIR, and nothing has been recovered from his possession and he is ready and willing to cooperate with the investigating agency and therefore, it is contended to allow this application. 5. Per contra, Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, has vehemently opposed the petition. Producing the case diary before this Court, he submits that the present applicant is the owner of the seized contraband articles and that the I.O. has collected sufficient incriminating materials against the applicant and the quantum of contraband substances recovered from the vehicle is of commercial quantity and as such, there is a requirement of satisfying the twin condition of Section 37 of the NDPS Act. But the applicant has failed to satisfy the same. Moreover, the applicant has been evading arrest after the commission of the office. The investigation is going on to find out the financial trail. Under such circumstances, Mr. Lahkar has contended to dismiss the petition. 6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Lahkar, learned Addl. P.P. Page No.# 3/3 7. It appears from the FIR that in 149 shop cases 1722.47 gms of suspected brown sugar was recovered from the vehicle and from the materials collected in the case diary it becomes apparent that the present applicant is the owner of the same. It also appears that the investigation is going on and at this stage, it cannot be said that custodial interrogation of the applicant is not required in the interest of investigation. Further, it appears that he is evading arrest since commission of the offence. 8. In that view of the matter, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be granted to the applicant and accordingly, the anticipatory bail application stands dismissed. 9. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE